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Is the DMV Hearing Necessary?

Most criminal court cases are not connected to a person’s driver license, but driving under the influence convictions are different. Get arrested for DUI and do nothing about your license and it will be automatically suspended by the Department of Motor Vehicles (DMV).

If you’re facing drug or alcohol-related DUI charges, realize you have to deal with more than the criminal justice system; you also have to deal with the DMV. On one side, you’ll need to hire a DUI defense attorney to fight your criminal charges. On the other side, you’ll want to request what’s called a DMV hearing to contest the suspension of your driver license. While this hearing is optional, we highly recommend having it.

What is a DMV Hearing?

The DMV hearing does not address your guilt or innocence in regards to your DUI charge. Instead, it strictly addresses your driving privilege.The criminal court case and the DMV hearing are two separate proceedings that are independent of each other.

So, if you want to keep your driver license and not face an automatic suspension, you want to schedule a DMV hearing. You have just 10 daysfrom the date of the DUI arrest to do this. If you miss this small window, your license will be subject to an automatic suspension.

“What if the DMV judge decides to sustain the suspension, but later I’m found not guilty in criminal court?” In this situation, the license suspension will be reversed and you will get your driver license back. This is whyit’s so important to have a DUI attorney represent you at the DMV hearing andin the criminal case.

Related: DMV Hearing FAQs

If you’re facing DUI charges in Orange County, the Law Offices of Virginia L. Landry, Inc. would be glad to attend the DMV hearing on your behalf – we do them all the time. We can also defend your criminal case and fight hard for a positive outcome. To get started, contact us today.